Discipline Procedures in Association Bylaws

[jstackpo]

It is valid to assert that if an association adopts any disciplinary procedures in its bylaws dealing with behavior outside meetings, then those procedures replace all of Section 63 as binding on the association?  Unless they just make reference to RONR and don't attempt to supersede something in §63.

 

Those adopted procedures may be poorly thought out, but that is the association's problem (not to mention the problem(s) for the parliamentarian asked to help them out).

 

 

[Josh Martin]

It is valid to assert that if an association adopts any disciplinary procedures in its bylaws dealing with behavior outside meetings, then those procedures replace all of Section 63 as binding on the association?  Unless they just make reference to RONR and don't attempt to supersede something in §63.

 

Those adopted procedures may be poorly thought out, but that is the association's problem (not to mention the problem(s) for the parliamentarian asked to help them out).

 

I think it depends on the specifics. If the organization's disciplinary procedures provide for a trial, for instance, but provide no guidance on how that trial is to be conducted, then it would seem reasonable to use the rules in Section 63 on that subject.

 

On the other hand, if the organization's disciplinary procedures make no mention of a trial, then it seems reasonable to conclude that no trial is required, notwithstanding what Section 63 says on the subject.

[J. J.]

It is valid to assert that if an association adopts any disciplinary procedures in its bylaws dealing with behavior outside meetings, then those procedures replace all of Section 63 as binding on the association?  Unless they just make reference to RONR and don't attempt to supersede something in §63.

 

Those adopted procedures may be poorly thought out, but that is the association's problem (not to mention the problem(s) for the parliamentarian asked to help them out).

 

 

I would agree with the "it depends," answer.  An organization may, for example, require its board to approve charges and require its assembly to handle the disciplinary action.  Though that varies greatly from RONR, I would still submit that the assembly would have to conduct a trial under the direction of Section 63.

 

I am actually looking at something like that for a theoretical purpose.

[Sean Hunt]

I was confronted with drafting some language for that a while back, and opted for specifically calling out the trial procedures in Chapter XX so as to avoid any ambiguity on this point.